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Dixon v. World Finance Corporation of Georgia, AP 10-6022, Doc. #17

The Court entered an Order granting Plaintiff’s uncontested motion to amend, denying Plaintiff’s motion for summary judgment, and denying Plaintiff’s second motion to amend to add a state law claim.  Plaintiff sought Truth in Lending Act (“TILA”) damages resulting from a 2009 car loan.  Defendant included the cost of single interest vehicle insurance in the amount financed.  The Court determined that this inclusion did not violate TILA because the requirements under 12 C.F.R. § 226.4(d)(2) were satisfied.  Language excepting the waiver of subrogation rights with fraud was insufficient to amount to a violation under this TILA disclosure requirement of waiver of all subrogation rights.  Plaintiff’s second motion to amend was denied because the factual allegations as stated were futile.

File: 
Date: 
06/15/2010